[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Proposed Rules]
[Pages 22342-22344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9718]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 110218147-1199-01]
RIN 0648-BA74


National Standard 10 Guidelines

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce

[[Page 22343]]


ACTION: Advance notice of proposed rulemaking; request for comments; 
notice of a public meeting.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this advance notice of proposed rulemaking (ANPR) 
to provide background information and request public comment on 
potential adjustments to the National Standard 10 Guidelines.

DATES: Written comments regarding the issues in this ANPR must be 
received by 5 p.m., local time, on July 20, 2011. A public meeting to 
obtain additional comments on the items discussed in this ANPR will be 
held at the NOAA Science Center in Silver Spring, MD, on May 19, 2011 
from 1 p.m. to 3 p.m. NMFS may hold additional meetings during the 
comment period and will announce those meetings in the Federal 
Register.

ADDRESSES: A public meeting will be held on May 19, 2011 from 1 p.m. to 
3 p.m. at the NOAA Science Center, 1301 East-West Highway; Silver 
Spring, MD 20910.
    You may submit comments, identified by ``0648-BA74'', by any one of 
the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> Fax: 301-713-1193, Attn: Debra Lambert.
    <bullet> Mail: Debra Lambert; National Marine Fisheries Service, 
NOAA; 1315 East-West Highway, Room 13403; Silver Spring, MD 20910.
    Instructions: All comments received are part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publically 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter N/A in the required fields, if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Debra Lambert, National Marine 
Fisheries Service, 301-713-2341.

SUPPLEMENTARY INFORMATION:

Background

    Section 301(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA) contains 10 national standards (NS) with which all 
Fishery Management Plans (FMPs) and their amendments and implementing 
regulations must be consistent. Section 301(b) of the MSA requires that 
``the Secretary establish advisory guidelines (which shall not have the 
force and effect of law), based on the national standards to assist in 
the development of fishery management plans.'' Conforming to the NS 
guidelines (50 CFR part 600, subpart D) when preparing an FMP, FMP 
amendment, and regulations is essential to properly addressing the 
intentions of Congress when it established and revised the MSA.
    The Sustainable Fisheries Act, signed into law in 1996, added 
National Standard 10 (NS10) to the MSA (15 U.S.C. 1801 et seq.). 
National Standard 10 states: ``Conservation and management measures 
shall, to the extent practicable, promote the safety of human life at 
sea.'' NMFS published final guidelines for NS10 in 1998 (63 FR 24212; 
May 1, 1998). More recently, the Magnuson-Stevens Fishery Conservation 
and Management Reauthorization Act of 2006, added section 303(a)(9)(C) 
to the MSA, which states that fishery impact statements shall address 
the impact of conservation and management measures and include possible 
mitigation measures for ``the safety of human life at sea, including 
whether and to what extent such measures may affect the safety of 
participants to the fishery.''

Need for Revision

    Commercial fishing is one of the most dangerous occupations because 
fishing operations are often conducted under poor weather conditions, 
high winds, cold temperatures, and on moving platforms that can be 
slippery or icy; some gear types can be dangerous to operate; a number 
of structural or mechanical problems can arise on vessels; and the work 
can be physically straining and lead to fatigue. Recreational fishing, 
including the for-hire charter and party-boat segments, can also be a 
dangerous activity with participants facing many of the same risks as 
commercial participants.
    The National Standard 10 Guidelines are the primary source of 
guidance for the consideration of safety issues in fishery management 
regulations. The current Guidelines are relatively short and have four 
main sections with the following elements: (1) A general statement that 
fishing is a dangerous occupation and recommendation that Regional 
Fishery Management Councils (Councils) reduce safety risks when 
developing management measures; an explanation of the qualifying phrase 
``to the extent practicable'' in NS10; and an explanation that the 
phrase ``safety of human life at sea'' refers to both the safety of a 
fishing vessel and the safety of persons aboard the vessel; (2) a list 
of safety issues to consider when evaluating management measures; (3) a 
recommendation that during the preparation of any FMP, FMP amendment, 
or regulation that might affect safety of human life at sea, the 
Council should consult with the U.S. Coast Guard and fishing industry 
as to the nature and extent of any adverse impact; and (4) a list of 
mitigation measures that could be considered when management measures 
are developed.
    Recent events suggest a need to revise the guidelines for NS10. The 
current Guidelines are thirteen years old and fisheries management and 
fishing vessel safety science in general has evolved during that time. 
NOAA has new fishery management requirements and policies in place, and 
the implementation of these measures will lead to changes in the way 
fisheries are managed. Major changes in fisheries management that 
change the way fishing operations are conducted, including catch share 
programs, could impact the safety of fishermen at sea, and those 
impacts should be assessed during the management process.
    As mentioned above, section 303(a)(9)(C) to the MSA states that 
fishery impact statements shall include possible mitigation measures 
for ``the safety of human life at sea, including whether and to what 
extent such measures may affect the safety of participants to the 
fishery.'' This is a relatively new requirement (added by the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 
2006) and NMFS could provide guidance on addressing this requirement in 
the revised National Standard 10 Guidelines.
    There are also external factors that point to the need to focus on 
safety at sea. The Coast Guard Authorization Act (CGAA) of 2010 was 
signed by President Obama on October 15, 2010. Section 604 of the CGAA 
builds on requirements set forth in the Commercial Fishing Industry 
Vessel Safety Act of 1988, including the following: It authorizes the 
U.S. Coast Guard to examine at dockside, at least once every 2 years, 
fishing vessels that operate beyond 3 miles to ensure that they meet 
safety standards; it authorizes and requires a training program for the 
operators of fishing vessels that operate beyond 3 miles; and it 
establishes design and construction standards for all new vessels. 
Furthermore, the CGAA requires that Alternative Compliance and Safety 
Agreement programs be

[[Page 22344]]

developed for certain groups of existing fishing vessels. These new 
requirements highlight an emphasis on improving fishing vessel safety. 
NMFS will ensure that revisions to the NS10 Guidelines will complement 
the new mandates of the CGAA.
    The current NS10 Guidelines do not contain any guidance on 
analytical methods to evaluate safety. Recent work by the National 
Institute for Occupational Safety and Health and the U.S. Coast Guard 
has shown that the fishery management process can more explicitly 
address safety at sea by analyzing fatalities and calculating fatality 
rates for the fishery and understanding the overall trend in fatality 
rates. This information can be used in risk assessments to identify 
major hazards within a fishery. NMFS could include guidance on the 
analytical approaches for addressing safety considerations in the 
revised NS10 Guidelines.
    For the above reasons, NMFS believes it is appropriate and timely 
to revise NS10 Guidelines and is accepting public comments on potential 
revisions to the Guidelines. Through the revision of the NS10 
Guidelines, NMFS intends to enhance consideration of safety issues in 
fisheries management.

Public Comments

    To help determine the scope of issues to be addressed and to 
identify significant issues related to this action, NMFS is soliciting 
written comments on this ANPR and will hold a public meeting at the 
NOAA Science Center in Silver Spring, MD, on May 19, 2011 from 1 p.m. 
to 3 p.m. NMFS may hold additional public meetings during the comment 
period and will announce those meetings in the Federal Register. The 
public is encouraged to submit comments related to the specific ideas 
mentioned in this ANPR. NMFS is also seeking additional ideas and 
solutions to improve safety at sea and the NS10 Guidelines. All written 
comments received by the due date will be considered in drafting 
proposed revisions to the NS10 Guidelines.

Issues Under Consideration

    In considering potential revisions to the NS10 Guidelines, NMFS has 
identified the following list of issues related to safety of human life 
at sea. NMFS seeks public comment on the scope of this ANPR generally 
and the potential for guidance on the following fisheries safety 
issues.
    1. Assembling Fatality, Injury, and Vessel Loss Information: 
Establishing guidance on how to assemble and analyze data on fatalities 
and injuries for each Federal fishery using information from NMFS's 
National Observer Program, U.S. Coast Guard investigations, U.S. Coast 
Guard's Marine Information and Safety and Law Enforcement database 
system, and National Institute for Occupational Safety and Health data.
    2. Developing Fatality, Injury, and Vessel Loss Rates: Establishing 
guidance on how to estimate workforce for each Federal fishery in order 
to calculate fatality and injury rates. By combining fatality and non-
fatal injury information with workforce estimates, injury, fatality, 
and vessel loss rates can be calculated to identify trends over time.
    3. Evaluating Risks: Establishing general guidance on how to 
conduct fishery specific risk assessments, which can help identify 
major safety hazards within a fishery. The frequency for conducting 
such assessments will also be explored.
    4. Safety Considerations and Mitigation Measures: Risk assessments 
may identify that fishery conservation and management measures are 
needed and appropriate to improve safety at sea. The current NS10 
Guidelines contain three safety considerations (operating environment, 
gear and vessel loading requirements, and limited season and area 
fisheries) and eight mitigation measures to consider when developing 
management measures (see 50 CFR 600.355 paragraphs (c) and (d)). NMFS 
seeks comments on these sections and, if appropriate, additional safety 
considerations and mitigation measures that could be added to the 
Guidelines. For example, NMFS could consider how fishery management 
measures can better complement and reinforce U.S. Coast Guard safety 
regulations. In addition, where regulations currently restrict vessel 
upgrades or replacement, mitigation measures could include allowing for 
vessel replacement in a fleet so that older vessels can be replaced 
with newer and safer vessels. Other potential mitigation measures could 
include eliminating or reducing penalties for cutting fishing trips 
short due to weather or other conditions and extending fishing seasons 
to allow for quotas to be reached.
    5. Recreational Fisheries: NMFS welcomes information about safety 
issues in both the private recreational and the recreational for-hire 
components of recreational fisheries and suggestions on how to address 
them.
    6. Establishing a Safety Committee: The current NS10 Guidelines (50 
CFR 600.355 paragraph (d)) recommend that Councils consult with the 
U.S. Coast Guard and the fishing industry during the development of 
management measures that might affect the safety of human life at sea. 
NMFS welcomes comments on this guidance and if improvements to the 
consultation process are necessary. For example, NMFS could recommend 
that Councils and the Secretary of Commerce (Secretary), as 
appropriate, establish a Safety Committee or Safety Advisory Panel that 
regularly reports on ongoing activities to reduce injuries, fatalities, 
and vessel losses within their jurisdiction. U.S. Coast Guard 
personnel, NMFS National Observer Program personnel, and state 
enforcement officers would be encouraged to participate on such 
committees and/or panels.
    7. Stock Assessment and Fishery Evaluation Reports: Establishing 
guidance for the type of safety information to include in Stock 
Assessment and Fishery Evaluation (SAFE) reports. The National Standard 
2 Guidelines state that safety information should be summarized in SAFE 
reports. SAFE reports provide Councils and the Secretary with important 
scientific information needed for management purposes and different 
types of safety information could be added to these reports to better 
inform the Councils and the Secretary.
    8. Fishery Impact Statements: Establishing guidance for addressing 
safety issues in fishery impact statements, as required by the MSA. 
Fishery impact statements are supposed to address the impact of 
conservation and management measures and include possible mitigation 
measures for ``the safety of human life at sea, including whether and 
to what extent such measures may affect the safety of participants to 
the fishery'' (MSA section 303(a)(9)(C)).

Special Accommodations

    The public meeting to be held at the NOAA Science Center on May 19, 
2011 from 1 p.m. to 3 p.m. will be accessible to people with physical 
disabilities. Request for sign language interpretation or other 
auxiliary aids should be directed to Debra Lambert (301-713-2341), by 
May 5, 2011.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 15, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-9718 Filed 4-20-11; 8:45 am]
BILLING CODE 3510-22-P